By : Mahantesh G S & Mamatha R
[Assistant Professor of Law | Alliance School of Law | Alliance University | Bangalore | Karnataka]
ABSTRACT:
This article examines constitutional changes in common law legal systems across the world. Individual rights and freedoms have never been more widely recognised than in the millennial age, and it is critical to study and comprehend the rights and responsibilities granted to people, as well as the capacity of the polity to alter these rights. This article tries to reconcile constitutions' efforts to maintain or neglect rights that are frequently considered to be inalienable through natural law concepts.
This article examines to what degree are government is constrained in their authority to alter the constitution?' since Indian courts have acknowledged that revisions to the Indian constitution are subject solely to the theory of basic structure.' In India, judicial interpretation of constitutional changes has been very contentious, as evidenced by the instances of Keshavananda Bharti and Minerva Mills. In addition, the scope of judicial intervention in constitutional amendments and the different position of judicial authority in amendments are examined in this article.
The court in India has been noted to play an important role in the interpretation of amendments and has even drafted constitutional laws in this respect. Under the British constitutional mandate, the court, on the other hand, does not have such authority. The objective of this study is to look into the consequences of constitutional amendments without judicial intervention. The issue of "what role do basic rights play in constitutional amendment?" is another difficult topic that may arise throughout the course of this inquiry.
Because no Indian legal authority has said that fundamental rights are part of the "basic structure" idea, modifications are unlikely to be in line with citizens' and individuals' fundamental rights. However, this may differ in international polities, and such comparisons are essential for understanding the world of the twenty-first century.
To comprehend and reflect on the offered study issues, this article will depend heavily on analytical studies on world constitutions, particular case law analysis, and legislative interpretation. The majority of the sources will be secondary. The initial research sources are listed below.
This article is genuinely desired to give a beneficial and in-depth study of comparative constitutional law, as well as to address urgent principles of liberalism and the constitution in the twenty-first century.
Key Words: Indian Constitution, The Constituent Assembly, Amendment process, Judicial power, The Parliament
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